Supreme Court of the United States · Official docket →
Arizona, et al. v. Alejandro Mayorkas, Secretary of Homeland Security, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 22-5325 · judgment December 16, 2022
Decided · December 27, 2022
Pre-decision estimate: 30% cert probability (95% interval 20%–43%)
Before the decision, about 7.3× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, counsel who has won certiorari before, and a D.C. Circuit decision below.
Question presented
The parties are directed to brief and argue the following question: Whether the State applicants may intervene to challenge the District Court’s summary judgment order. EXPEDITED BRIEFING.
Counsel of record
For petitioner
Drew Curtis Ensign
Ensign Law Group
For respondent
Lee Gelernt
American Civil Liberties Union
Case
Conference history
—
Amicus briefs
9 merits
(3 supporting pet./neither, 6 respondent)
Argument & decision
Decided December 27, 2022.
Proceedings
- Jun 20 2023Judgment issued.
- May 18 2023Judgment VACATED and case REMANDED. The December 16, 2022 order of the United States Court of Appeals for the District of Columbia Circuit denying petitioners’ motion to intervene is vacated, and the case is remanded to that court with instructions to dismiss the motion as moot. Justice Jackson dissents from the vacatur of the order of the United States Court of Appeals for the District of Columbia Circuit and would instead dismiss the writ of certiorari as improvidently granted. Statement of Justice Gorsuch. (Detached Opinion)
- May 16 2023Letter of petitioners Arizona, et al. in response filed. (Distributed)
- May 12 2023Letter from the Solicitor General dated May 12, 2023 filed. (Distributed)
- Feb 21 2023Motion for divided argument and for enlargement of time for oral argument filed by the Solicitor General GRANTED.
- Feb 17 2023Reply of petitioners Arizona, et al. filed. (Distributed)
- Feb 16 2023The case is REMOVED from the February 2023 argument calendar.
- Feb 14 2023Motion for divided argument and for enlargement of time for oral argument filed by the Solicitor General.
- Feb 09 2023Brief amici curiae of 60 Immigration Advocacy, Human Rights, and Legal Services Organizations filed. (Distributed)
- Feb 09 2023Brief amicus curiae of Former CDC Officials filed. (Distributed)
- Feb 09 2023Brief amicus curiae of United Nations High Commissioner For Refugees filed. (Distributed)
- Feb 09 2023Brief amici curiae of U.S. Conference of Catholic Bishops & Catholic Legal Immigration Network, Inc. filed. (Distributed)
- Feb 09 2023Brief amici curiae of Scholars of Federal Civil Procedure filed. (Distributed)
- Feb 09 2023Brief amicus curiae of Cato Institute filed. (February 13, 2023 - enlarged copies of pp. 8 & 10 graphs included.) (Distributed)
- Feb 07 2023Brief of respondents Nancy Gimena Huisha-Huisha, et al. filed. (Distributed)
- Feb 07 2023Brief of Federal Respondents filed. (Distributed)
- Feb 03 2023Brief amicus curiae of The Protect Democracy Project filed. (Distributed)
- Jan 30 2023CIRCULATED
- Jan 20 2023Brief amicus curiae of Immigration Reform Law Institute filed.
- Jan 20 2023Brief amici curiae of Citizens United, Citizens United Foundation, and The Presidential Coalition filed.
- Jan 18 2023Brief of petitioners Arizona, et al. filed.
- Jan 18 2023Joint appendix filed. (Statement of costs filed)
- Jan 09 2023The record for the U.S.C.A.-D.C. Circuit is available on PACER.
- Jan 09 2023The record for the U.S.D.C.-D.C. is available on PACER.
- Jan 06 2023SET FOR ARGUMENT on Wednesday, March 1, 2023.
- Jan 06 2023Record requested from U.S.C.A.-D.C. Circuit.
- Jan 04 2023The joint appendix and petitioners’ brief on the merits are to be filed on or before Wednesday, January 18, 2023. Respondents’ briefs on the merits are to be filed on or before Tuesday, February 7, 2023. The reply brief is to be filed on or before Friday, February 17, 2023. Amicus curiae briefs in support of petitioners or in support of neither party are to be filed on or before Friday, January 20, 2023. Amicus curiae briefs in support of respondents are to be filed on or before Thursday, February 9, 2023.
- Dec 27 2022Petition GRANTED.
- Dec 27 2022Application (22A544) referred to the Court.
- Dec 27 2022Application (22A544) for stay pending certiorari presented to The Chief Justice and by him referred to the Court is granted. The November 15, 2022 order of the United States District Court for the District of Columbia, case No. 1:21– cv–00100, is hereby stayed. Applicants suggested this Court treat the application as a petition for a writ of certiorari; doing so, the petition is granted. The parties are directed to brief and argue the following question: Whether the State applicants may intervene to challenge the District Court’s summary judgment order. This stay precludes giving effect to the District Court order setting aside and vacating the Title 42 policy; the stay itself does not prevent the federal government from taking any action with respect to that policy. The Court’s review on certiorari is limited to the question of intervention. While the underlying merits of the District Court’s summary judgment order are pertinent to that analysis, the Court does not grant review of those merits, which have not yet been addressed by the Court of Appeals. The Clerk is directed to establish a briefing schedule that will allow the case to be argued in the February 2023 argument session. The stay shall terminate upon the sending down of the judgment of this Court. The order heretofore entered by The Chief Justice is vacated. Justice Sotomayor and Justice Kagan would deny the application. Justice Gorsuch, with whom Justice Jackson joins, dissenting. (Detached Opinion)
- Dec 21 2022Reply of applicant Arizona, et al. filed.
- Dec 20 2022Federal Respondents' Opposition to the Application For A Stay Pending Certiorari filed.
- Dec 20 2022Response to application from respondent Nancy Gimena Huisha-Huisha, et al., filed.
- Dec 20 2022Motion for leave to file and brief of amicus curiae filed by Immigration Reform Law Institute.
- Dec 19 2022Application (22A544) for a stay, submitted to The Chief Justice.
- Dec 19 2022Petition for a writ of certiorari filed. (See order of December 27, 2022).
- Dec 19 2022Upon consideration of the application of counsel for the applicants, it is ordered that the November 15, 2022 order of the United States District Court for the District of Columbia, case No. 1:21-cv-00100, is hereby stayed pending further order of The Chief Justice or of the Court. It is further ordered that a response to the application be filed on or before Tuesday, December 20, 2022, by 5 p.m. (EST).